Legal Analysis: State of Uttar Pradesh & Ors. vs. Ajay Kumar Malik

Citation: (2026) INSC 394
Court: Supreme Court of India
Bench: Justice Ahsanuddin Amanullah (Single Judge Bench)
Judgment Author: Justice Ahsanuddin Amanullah
Date of Decision: April 20, 2026
Nature of Judgment: Civil Appeal under Article 136 against High Court order affirming reinstatement of a terminated police constable.

Synopsis of the Judgment

The respondent was appointed as a police constable in 2005 but was terminated in 2007 after being found medically unfit due to a “knock knee” deformity. He was later reinstated in 2013 claiming parity with another candidate who had obtained reinstatement by misrepresentation. A departmental inquiry found him guilty of suppression and misrepresentation, leading to his termination again in 2017. The State Public Services Tribunal and the High Court set aside the termination, holding that the charges were not proved. The Supreme Court reversed, holding that the respondent was never medically fit for the post; his reinstatement was obtained by suppressing the material fact of his knock knee deformity. Lack of basic eligibility goes to the root of the matter, and any appointment obtained by suppression cannot be sustained. The Court restored the termination but directed that salary for actual work done not be recovered.

1. Basic Information of the Judgment

Field Details Case Title State of Uttar Pradesh & Ors. vs. Ajay Kumar Malik Civil Appeal Nos. Arising out of SLP(Civil) Nos. 11145-11146 of 2025 Bench Justice Ahsanuddin Amanullah (Single Judge) Date of Decision April 20, 2026 Appeal From Judgment dated 18.09.2023 of Allahabad High Court in Writ-A No.6974/2021 and order dated 12.04.2024 in Review Application

2. Legal Framework

Laws and Principles Involved:

• Constitution of India, 1950: Article 136 (special leave to appeal), Article 14, 16 (equality in public employment).

• Service Jurisprudence: Eligibility criteria for public employment; suppression of material facts; fraud unravels everything.

• Persons with Disabilities Act, 1995: Section 47(1) – protection for employees acquiring disability during service (held not applicable as the deformity existed at the time of appointment).

• Principles of parity:&

... Upgrade to a Premium Plan to view the full judgment.